Judge: Mark E. Windham, Case: 21STLC07120, Date: 2022-12-06 Tentative Ruling

Case Number: 21STLC07120    Hearing Date: December 6, 2022    Dept: 26

Johnson & Johnson LLP v. Salas, et al.


MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

 (CCP §§ 2030.290, 2031.300, 2023.030)

TENTATIVE RULING:

Plaintiff Johnson & Johnson LLP’s (1) Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One and for Monetary Sanctions, are GRANTED. DEFENDANT MATTHEW TEUTIMEZ IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT MATTHEW TEUTIMEZ IS FURTHER ORDERED TO PAY SANCTIONS OF $620.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Johnson & Johnson LLP (“Plaintiff”) propounded Form Interrogatories, Set One and Request for Production of Documents, Set One, on Defendant Matthew Teutimez (“Defendant Teutimez”) on May 27, 2022. (Motions, Tinkham Decl., Exh. A.) Following no response from Defendant Teutimez, Plaintiff filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One, on July 26, 2022. To date, no opposition has been filed.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., §§ 2030.290, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., §§ 2030.290, 2031.300.) Based on the failure to respond to the propounded discovery, Plaintiff is entitled to an order compelling Defendant Teutimez to serve verified responses to the Request for Production of Documents, Set One and Special Interrogatories, Set One, without objections.

Defendant Teutimez’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Defendant Teutimez in the amount of $620.00 based on one hour of attorney time billed at $500.00 an hour and $120.00 in costs ($60.00 per motion). (Motions, Tinkham Decl., ¶¶4-5.)

Conclusion

Plaintiff Johnson & Johnson LLP’s (1) Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, Set One and for Monetary Sanctions, are GRANTED. DEFENDANT MATTHEW TEUTIMEZ IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT MATTHEW TEUTIMEZ IS FURTHER ORDERED TO PAY SANCTIONS OF $620.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.